Table Of Contents

1. Why should you register the inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange?

The area of drying, furnaces, kilns, ovens, retorts, or heat exchange covers a variety of products and methods that play very important roles in our modern life. Companies that do business in this area need to always update and improve their products in order to meet the demand and be competitive in the market. However, after inventing an invention, if the owner of the invention does not have sufficient methods to protect the invention, there will be risk where the invention is copied or even stolen, thus causing huge loss to the owner. One of the most effective ways to prevent this situation is to register the invention with the authority for a patent. The owner can receive big return from the investment in the invention as below:

- The patent will be a solid legal basis that a company needs in order to prove its ownership of an invention if there is a dispute related to the invention. The company can also base on the patent to send requests to the authority to handle any infringement of other companies, organizations or individuals.

- One of the biggest advantages is the exclusive rights that the owner will have in manufacturing, trading or distributing some products/services based on the invention. This prevents other parties taking advantages or exploiting the invention without the permission of the owner. The company can reduce competition and strengthen its position in the market.

- In terms of business benefits, the owner of an invention can use the patent as an advantage in attracting business partners or investors because the business partners and investors will see the patent as evidence of an innovative and high technology company. It also helps a company a lot in branding strategy and plan.

- Last but not least, the owner of an invention will also receive economic benefits from activities of licensing or transferring the patent. After being registered, a patent can also be recognized as an asset to be contributed to the capital of other companies or to be used as collateral for bank loans.

2. What are inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange?

Generally, an invention in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange can be defined as a technical solution which is presented in the form of a product, apparatus, machine or a process and method, applying natural laws to solve particular issues related to the field of drying, furnaces, kilns, ovens, retorts, or heat exchange. The provisions of Vietnamese intellectual property law stipulates that there are two types of patents: invention patent and utility solution patent.

In order to be recognized as an invention/utility solution, the technical solution must satisfy the following conditions:

- It is novel;

- It is creative; and

- It is susceptible of industrial application.

Due to the differences in characteristics of inventions, they are classified into different classes according to the International Patent Classification (IPC). Inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange are classified into Class F26, F27 and F28 and under the current version of IPC. These Classes mainly include products or processes as below:

- Processes for drying;

- Machines or apparatus for drying; and Details of general application;

- Furnaces, klins, ovens or retorts in general;

- Open sintering or like apparatus;

- Details or accessories of furnaces, klins, ovens, or retorts, in so far as they are of kinds occurring in more than one kind of furnace;

- Steam or vapour condensers;

- Heat-exchange apparatus, in which the heat-exchange media come into direct contact without chemical interaction;

- Heat-exchange apparatus, in which the heat-exchange media do not come into direct contact;

- Heat storage plants or apparatus in general;

- Details of heat-exchange or heat-transfer apparatus, of general application;

- Cleaning of internal or external surfaces of heat-exchange or heat-transfer conduits, e.g. water tubes of boilers;


3. How to register inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange in Vietnam?

A proper registration dossier for a patent registration normally contains the following documents and papers in accordance with the provisions of law:

- 02 Invention application forms in accordance with provisions of law;

- 02 Invention description forms, which include the following sections: description; the protection request; and drawings or diagrams (if any);

- 02 Invention abstract.

- Receipts of the prescribed fees and charges.

- Other documents in special cases, for example the power of attorney, documents and papers proving registration rights, or priority;


4. The process of registration for inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange in Vietnam?

An application of inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange shall go the stages as below in order to be granted a protection title:

Stage 1. Application submission: The applicant can file the invention application to the National Office of Intellectual Property (NOIP) in Ha Noi. In case it is inconvenient to submit in Hanoi, the application can be filed to NOIP’s representative offices in Da Nang city and Ho Chi Minh city. The applicant can choose to submit directly to the above places or indirectly via postal services.

Stage 2. Formality examination of applications: The NOIP shall start to examine the requirements in terms of formality of the application. The processing time of formality examination normally is 01 month.

Stage 3. Publication of the valid application: The NOIP shall publish the application information in the Industrial Property Official Gazette after 18 months from the submission date.

Stage 4. Substantive examination of applications: The NOIP shall proceed with the substantive examination after publishing the application. The processing of this stage is about 18 months from the publishing date.

Stage 5. Grant of or refusal to grant protection titles: In this final stage, if the application meets all the conditions, the applicant shall pay all the prescribed fees and charges according to the notice of the NOIP, then the NOIP shall issue an invention/utility solution patent for the applicant.

5. Where to register inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange in Vietnam?

Currently, the Vietnamese intellectual property law stipulates that foreign entities (companies, organizations or individuals) shall only apply their inventions/utility solutions in Vietnam through official industrial property representative organizations. Minh Khue Law Firm has been recognized as an industrial property representative in Vietnam since August 2017, with the representative code is 226. We have helped many clients both in Vietnam as well as abroad to register their inventions successfully in Vietnam.

The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office is based in Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi city.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn;

Phone number: + 84986 386 648

The completed register dossier will be submitted at: National Office of Intellectual Property of Vietnam.

Address: 384-386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan, Hanoi

6. Contact to register inventions in the area of drying, furnaces, kilns, ovens, retorts, or heat exchange in Vietnam?

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limite